Court Suspends Implementation of the 2023 Social Health Insurance Act Until 2024

The High Court on Monday issued orders suspending the implementation of three laws recently assented to by President William Ruto until February 7, 2024.

The Acts include; The Social Health Insurance, Primary Health Care Act, and the Digital and Digital Health Act.

Kenya Medical Practitioners, Pharmacists & Dentists Union (KMPDU) had moved to court and applied to have the Acts suspended citing negative effects on the larger health sector.

“A conservatory order is hereby issued restraining the respondents, their agents, or anyone acting on their directives from implementing and enforcing The Social Health Insurance Act 2023, The Primary Health Care Act, 2023, and The Digital Health Act, 2023 until 7th February 2024,” Justice Chacha Mwita ruled.

File photo of Milimani Law Courts in Nairobi.


Judiciary of Kenya

Justice Mwita further ordered the Health Ministry to issue a response to the petition within 7 days after which they will have another 7 days of filing and serving supplementary affidavits to the petition.

The Ministry will then have another 7 days to file and serve written submissions to the petition which should not exceed 10 pages.

The Acts that were recently assented into law by President William Ruto just before this year’s Mashujaa Day celebrations were conceived to help the government achieve Universal Health Coverage in line with the Head of State’s legacy plan.

The Social Health Insurance Act split the National Health Insurance Fund into three funds namely the Primary Health Care Fund, the Social Health Insurance Fund, and the Chronic Illness and Emergency Fund.

The Primary Healthcare was meant to fund services from level 1 to 3 facilities while the Social Health Insurance Fund was meant to cover level 4 to 6 health facilities.

Once the Social Health Insurance Act is depleted the Emergency, Chronic, and Critical Illness Fund will be used.

Universal Health Coverage was the government’s theme for the year’s Mashujaa Day celebrations in Kericho as President Ruto moved to lay foundations for realising his health vision.

A week ago KMPDU issued a comprehensive statement terming Ruto’s new healthcare acts as a threat to access to healthcare to over 3 million Kenyans with payslips.

The Kenya Medical Practitioners Pharmacists Dentists Union (KMPDU) Secretary General Davji Atella during an interview on April 17, 2023



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